Is Delta 8 THC legal?

Table of Contents

Delta 8 THC has become more popular in recent years. Delta 8 is a type of non-intoxicating cannabis extract with low psychotropic effects. Delta 8 THC is an analog of Delta 9 THC, which first started to gain popularity start of 2020. This new popular compound has been shown to help you relax and reduce stress levels while feeling a euphoric and relaxing body high without the unwanted paranoia and anxiety.

There are many cannabinoids in the hemp and cannabis plants, but delta 8 THC is the most prevalent cannabinoid.

What is Delta 8 THC?

Delta 8 THC is an essential compound in the cannabis plant that exists naturally and can be found in very small amounts. THC is an essential compound in hemp which can be found inside the plant. It is very rare and available in small quantities. The isomer is created by irradiating the delta 9 compound.

In order for delta-8 isomer to be created, you need specific equipment and a controlled environment where conditions are optimum for isomerization. After isomerization is complete, it is then extracted from the plant material using solvents like butane or carbon dioxide.

It is important to know that Delta 8 is not psychoactive and has little to no intoxicating levels per the current research. It is said to have a different effect on the brain, so you will experience the entire cannabis or hemp plant affects differently from delta 9 and other isomers like delta 1 or delta 11 isomers.

Is Delta 8 THC legal in US? What are the current state and federal laws?

In short, the 2018 farm bill has made it possible for this new exciting THC cannabinoid to be sold across the nations.

Delta 8 is not regulated at this time under Federal Law, making it essentially “legal” since the federal government is failing to regulate or place restrictions against the substance. With that being said, some states are beginning to pass laws regulating its use for medical purposes, including; California (2012), Minnesota (2014), New York, Illinois, and Pennsylvania, all passed legislation for its use during the 2014 – 2015 session of their legislative meetings.

One of the biggest misconceptions is confusing delta-8 isomers with delta-9 isomers. Delta 8 is a natural isomer of delta 9 found in the cannabis- or hemp plants. It is non-intoxicating and cannot cause psychotropic effects, which is why it isn’t federally controlled at this time.

The 2018 Farm Bill specifically made all derivatives, isomers, and cannabinoids in hemp legal. CBD is an isomer of CBD, a derivative of hemp and CBD, is a cannabinoid found in hemp. The Federal Analogue Act, which is part of the Controlled Substances Act, is removed. This is where the 2018 Farm Act is especially helpful, as it explicitly removes all tetrahydrocannabinol in hemp from the act. Note the information is for informational purposes only. It is not legal advice. While we try to stay up to date as possible, the laws, especially at the state level, are constantly changing.

How long will delta 8 be federally legal?

Delta 8 is a type of cannabinoid that comes from hemp plants. It has less than 0.3% Delta 9, which makes it less intoxicating. It’s derived from hemp and has a CBD-like legal status, but it is legal as of now.

The public’s opinion has changed drastically over the years, and so too have individual states’ stances. In some states, tolerance is high, while others refuse to legalize recreational or medical consumption at all. “It’s definitely exploded,” an expert told the website Leafly of the state where it’s illegal to get high said of states like Indiana, Texas and South Carolina, and the Carolinas where people can’t get high legally, according to a lab official. The question is, how long will that legal status last? It is unclear how long is the “Delta 8 is Legal” window.

If you look at the CBD market to see that and ask yourself, “how long is CBD oil legal?” Most likely, you will find it is on sale at many stores in your town or city, and when searching online, you will find countless amounts of various CBD products too. If federally legal hemp laws are somehow changed, delta 8 could become illegal.

The only isomer that is federally illegal is the Delta 9 isomer. Delta 8 is not federally illegal, although it is possible for it to be added to the Controlled Substances Act at a later date. What makes delta 8 legal is that the Federal Government is not putting any restrictions on its sale or possession and therefore hasn’t made rules for businesses selling these products.

Delta 8 can be purchased as delta 8 gummies, delta 8 tinctures, vapes, tablets, gum, and more.

Is Delta 8 THC legal in my state?

What states is delta 8 THC legal?

Alabama

Delta 8 is legal in the state of Alabama.

Alabama has relatively strict marijuana laws — if caught with a delta 9 product, you’ll lose your driver’s license for six months. According to federal regulations, people in Alabama can buy and possess a “low” delta 8 product as long as it meets specific purity criteria.

California

Delta 8 is legal in the state of California.

Laws governing marijuana in California are very relaxed. Both the delta 8 and delta 9 isomers are entirely legal. You can cultivate marijuana and produce delta 8 or even extract it from the hemp plant too. Still, extraction has to be done by a licensed extractor that has completed all the necessary coursework to qualify.

Connecticut

Delta 8 It’s legal in Connecticut.

Recently in this state, marijuana was made less harmful. Now it is illegal, but the punishments are not as bad. Delta 8 products are legal in this state as long as they come from hemp and have a delta 9 content of no more than 0.3%.

Florida

Delta 8 is a legal drug in the state of Florida.

Only delta 9 is banned in this state — all other isomers of, specifically delta 8 and delta 10 are considered legal.

Georgia

In the state of Georgia, Delta 8 is legal.

Georgia has the same law as the federal government when it comes to delta 8 products. If they are made from hemp and have less than 0.3% of delta 9 isomer, then people can sell them.

If you have a medical license, you can’t have more than 5% delta 9.

Hawaii

Delta 8 is a legal drug on the islands of Hawaii.

Marijuana is decriminalized in Hawaii, and all products derived from hemp (including delta 8) are considered legal. Delta 10 THC is also permitted here, and there are a few companies based out of Hawaii that specialize in these unique isomers of THC.

Illinois

Delta 8 is legal in Illinois.

Marijuana and hemp Delta 8 are both legal in this state. You can purchase hemp-derived versions of the products online, but marijuana-derived products must be bought in stores.

Indiana

Delta 8 is legal in Indiana.

The state of Indiana is still one that has old laws about marijuana. If you have marijuana, it will be a crime and you can go to jail.

The current legal status of Delta 8 is legal simply because the state doesn’t mention it. Only hemp-derived delta 8 is legal.

Iowa

In Iowa, Delta 8 is legal.

In Iowa, the same rules for delta 8 are in place as they are in other states. The only difference is that Iowa does not allow delta 8 to be made from marijuana. It can only be made from hemp, and it has to have no more than 0.3% of the delta 9 isomers.

Kentucky

Delta 8, which is made from hemp, is currently legal in the state of Kentucky.

A lot of hemp plants grown in America come from this state, and the government has been working to reduce friction with these farmers and producers so that they can make more money. This means that laws regulating the manufacture and possession of delta 8 or other cannabinoids are fairly relaxed, and they are not enforced very often.

Kentucky is the perfect place to produce delta 8 products due to its large hemp biomass. This can be accomplished because hemp has a low price and is easily obtainable.

Louisiana

Delta 8 is a legal drug in the state of Louisiana.

This state is strict on THC products containing delta 9 but does not mention anything about delta 8. It’s likely that any THC product with a higher percentage of delta 8 would be legal in Louisiana. Because of the strict regulations of marijuana possession charges, it’s possible prosecutors could try and charge someone possessing Delta 8 related products

Maine

Delta 8 is legal in Maine. All forms of marijuana and hemp are also permitted.

Maine is one of the friendlier states about THC laws in general. They have both a recreational and medical marijuana program, and several companies make delta 8 legally in this state.

Maryland

In Maryland, Is Delta 8 legal?

While this state has decriminalized the possession of small amounts of marijuana, concentrated THC extracts are still illegal.

Delta 8 is legal, but be cautious about ordering concentrates in this state. There are many different states with varying laws and regulations, which makes identifying the type of concentrate even more difficult. Stick to tinctures, gummies, or capsules to be extra safe if you live in Maryland.

Massachusetts

Delta 8 is legal in the state of Massachusetts.

This is one of the states where you can get marijuana. You can also order all forms of THC, including delta 8.

Michigan

Delta 8 is legal to use in Michigan, however, with recent regulations, it’s now harder to sell it.

This state recently joined the ranks of states where people can use marijuana. As mentioned above, with the recent new law put in place you now need to follow some of the same procedures as if you were selling Delta 9 (aka Marijuana.) Marijuana and its derivatives are legal in Michigan.

Minnesota

Delta 8 is a type of cannabinoid that is legal in Minnesota.

Not everyone in the US can use marijuana. Some states have made it illegal, but other states don’t say it is against the law.

People in this state can buy marijuana-derived products if they have a medical license. Some states do not allow this kind of product to be sold in their state.

Montana

Is Delta 8 legal in Montana?

On January 1, 2021, Initiative 190 made the possession of marijuana and all its constituents legal. If you order “delta 8”, you can have it delivered to your house even if you live in Montana.

New Hampshire

In the state of New Hampshire Delta 8 is legal.

Delta 8 products are legal. You can get them from hemp. But marijuana-derived delta 8 is not legal; it’s just decriminalized. If you have a product that has more than 0.3% THC in it and you are caught, don’t worry about jail time – you might just have to pay a fine or give up the product.

New Jersey

Delta 8 is legal in New Jersey.

New Jersey has the same policies as federal law about delta 8 and legalization. This means that if you use CBD, which is derived from hemp, your product will be legal in New Jersey. If your product contains over 0.4% delta 9 (the active ingredient that comes from marijuana), it would be considered illegal under NJ law.

New Mexico

Delta 8 is legal in New Mexico.

The THC variant ‘Delta 8’ currently legal in the state of New Mexico. Products with less than 0.3% of delta 9 have been legalized. That’s good news for those that want to enjoy Delta 9 too and not worry about jail sentences.

New York

Delta 8 is also legal in the state of New York. Delta 8 is one of many isomers, and it is legal in New York.

The latest legislation in the state of New York has made it legal for people with a prescription to access delta 8, one of the main active ingredients in marijuana.

North Carolina

Delta 8 products are currently is allowed in North Carolina.

It’s still illegal to purchase any type of delta 9 product. Luckily there’s no mention of delta 8 on any of the state’s official documents.

You probably won’t have any trouble with delta 8 in this state. It’s best not to use products that have hemp in them because they can cause problems.

North Dakota

Delta 8 is a legal drug in North Dakota.

This state does not have laws that allow you to buy recreational marijuana. They have been very strict in the past.

Recently, marijuana was decriminalized in this state but only for up to 14 grams. Anything more than that is a crime. You can’t have any other kind of marijuana either because it’s harder to know how much you can have and not get into trouble.

Ohio

Delta 8 is legal in the state of Ohio. Only those with a medical license are allowed to purchase delta 8 products, but anyone can buy anything derived from hemp as long as there’s not more than 0% of delta 9 isomer present in the product.

Oregon

Oregon State is still one of the few left in which all forms of THC are legal, including delta 8.

Oregon has had a progressive approach to marijuana legislation, decriminalizing it as early as 1973 and legalizing recreational use for individuals over 21.

Delta 8 is legal in Oregon regardless of its origin.

Pennsylvania

We like the State of Pennsylvania, as Delta 8 is legal.

This state follows the exact regulations as the federal government has laid out – delta 8 products derived from CBD or other hemp-derived cannabinoids are legal.

South Carolina

Delta 8 is legal in South Carolina.

The THC cannabinoid is not explicitly listed as illegal or legal when looking into the state regulations. Delta 9, which is banned in this state, indicates that delta 8, if it comes from hemp, may be legal here and is likely to be unharmful.

South Dakota

Delta 8 THC products can be found in South Dakota.

Only those with medical licenses can purchase delta 9 marijuana-derived products, even if you have a prescription. Products that are hemp-derived are available for all other buyers. Differences in ratios of delta 8 to delta 9 being the only variation from one type to another aside from paying a different price for this product.

Tennessee

Delta 8 is legal in the City of Fairview together with other cities in Tennessee.

The state of Tennessee has been very strict on the possession or consumption of marijuana but has not opposed itself to federal US laws. As a result, hemp-derivatives and cannabis made from hemp are legal as long as it doesn’t exceed 0.3% delta 9 isomers (delta 8 THC).

Texas

Delta 8, also known as Delta-8 Tetrahydrocannabinol, is legal when made from hemp.

In the near future, it seems that this state is going to allow cannabis as well. The state is basically going to decriminalized psychoactive substances, including psilocybin mushrooms found in coffee shops that no longer pose an arrestable offense. We will keep a close eye to see what direction this state will go.

Utah

Delta 8 is not legally allowed in Utah. Like some of the other banned substances, Utah specifically lists any version of tetrahydrocannabinol as illegal — not just the new delta 9 isomers.

Virginia

Delta 8 products are currently legal in the state of Virginia. It is only legal if derived from hemp, and products must contain less than five percent delta 9 THC whether you have a medical license or not.

Washington

The Delta 8 compound is legal in the state of Washington.

Cannabis has been legal in Washington since 2012, making it one of the first states to legalize recreational marijuana.

West Virginia

West Virginia allows the use of a delta 8 product made from hemp.

This state has not updated its marijuana laws. All products must have less than 0.4% delta 9 unless registered in the state’s medical program according to federal regulations put in place by the US government.

Wisconsin

The state of Wisconsin in the US considers hemp-derived delta 8 products legal.

D8 is a chemical compound found in cannabis. D8 is only legal for medical patients, not personal use.

Wyoming

Delta 8 THC, the active ingredient in hemp, is legal in Wyoming.

This state has resisted updating its cannabis laws, adhering to the same restrictions imposed by the federal government. Delta 8 THC from hemp is legal, but restrictions on delta 9 THC have yet to be lifted.

What states is Delta 8 THC currently in a grey area?

Colorado

Delta 8 THC is legal in the state of Colorado.

Many online sources state that delta 8 THC is banned, but there is still uncertainty if delta 8 THC is truly illegal. A recent Senate bill that was created in response to the 2018 Farm Bill contains no wording that points to the prohibition of delta 8 THC.

Colorado has the same rule as we do. It is illegal to have THC in a synthetic form, such as K2 or Spice. But it is not illegal for THC to come from a natural source.

Nebraska

The state of Nebraska does not know how to regulate the amount of delta 8 THC in a person.

Bill 657 says that any hemp-derived product is legal as long as it has a low amount of THC.

However, a separate bill makes all versions of tetrahydrocannabinol (including delta 8) Schedule 1 drugs.

The new bill is very contradictory to the previous legislation, but until both laws are amended, and it’s clear where Delta 8 falls legally, we cannot definitively say that it’s legal or illegal.

Nevada

Delta 8 is a chemical that is legal in Nevada. It’s complicated, but you can’t get into any trouble with this chemical because it’s legal.

Nevada State Law NRS-557 says that anything with the word THC is referring to both delta 9 and delta 8 THC.

All marijuana products are legal for recreational use. They must be sold in certain types of packages. For example, delta 8 THC products (whether from hemp or marijuana) must be registered as a marijuana products. This is more difficult for people to do because they can’t just register it as a hemp product and ship it to Nevada. Marijuana and its derivatives were made legal in Nevada in 2020.

Oklahoma

Delta 8 THC may have been legalized in Oklahoma, but only with conditions. Otherwise, Delta 8 is still highly illegal and can cause criminal penalties just by possessing the distillate.

In Oklahoma City specifically, if a person cannot prove that their product contains no hints of delta 9-THC or any other cannabinoids except for CBDs, then they will be fined and charged with a misdemeanor.

Oklahoma is one of the states that is very strict about cannabis. There is no information yet about whether the isomer is legal or not. Keep in mind that if it is derived from marijuana, it is illegal in this state, even for medicinal purposes.

Be cautious about purchasing delta 8 THC products if you reside in this state.

Kansas

When it comes to the state of Kansas is Delta 8 THC legal there? The short and sweet answer is yes.

There are certain laws that list possession of delta 9 THC products as a misdemeanor — even if they contain no mention of other variations like delta 8 or 10 THC.

Know the risks before using delta 8 THC in Kansas. This cannabinoid is currently caught up in a legal grey area, and it can be difficult to discern where an eighth of cannabis or hemp extract ends and delta 8 THC begins without a lab test.

What states is Delta 8 THC currently NOT legal?

Alaska

Delta 8 THC is not currently approved for use in the state of Alaska.

Alaska is among the few states that allow marijuana recreationally. However, only adults over 21 are eligible to buy a cannabis product, which prohibits teens. Notably, Alaska has a specific ban on delta 8 THC, which may not be in line with current regulations.

Arizona

Delta 8 THC, a synthetic cannabinoid, is not legal in the state of Arizona.

Recently, Arizona passed a bill that allows the use of marijuana recreationally — so delta 8 laws are now outdated. We expect to see this law overturned soon to conform with the current marijuana policy.

Arkansas

Delta 8 THC is illegal in Arkansas.

Arkansas laws have made it difficult to issue medical marijuana prescriptions to residents, making it even more difficult for out-of-state visitors seeking them. Delta 8 THC is still illegal in the state of Arkansas and is listed with the rest of the controlled substances.

Delaware

Delta 8 THC is illegal in the state of Delaware.

In Delaware, marijuana is now legal in a way. But all other types of tetrahydrocannabinol (THC) are still illegal, even if they come from somewhere else.

Idaho

THC is not legal in the state of Idaho.

Idaho is one of the strictest states for cannabis. Some other states have made it legal, but Idaho has not. All forms of tetrahydrocannabinol are illegal in the state of Idaho, including delta 8 THC.

Mississippi

Is Delta 8 THC legal in Mississippi? Mississippi bans all THC, including both natural cannabis products and synthetic THC. You can only buy hemp products that contain less than 0.3% of any THC.

Missouri

Delta 8 THC is a compound that is illegal in Missouri based on state laws.

Decriminalized means that it is not as bad as being sentenced. In this state, people can get a THC product like marijuana if it has no more than 0.3% of delta 9 THC.

Rhode Island

The regulation of delta 8 THC is unclear in the state of Rhode Island, and according to prominent cannabis lawyers it’s likely considered illegal.

Vermont

Delta 9 THC is a controlled substance in the state of Vermont.

Vermont had the most recent ban on delta 8 THC, going into effect as of April 23, 2021. There were no changes to the law, but a statement from Vermont’s Agency of Agriculture and Markets (AAFM) clarified that delta 8 THC counts as synthetically-derived marijuana.

The specific ruling says that “A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product” (section 6.3 of the Vermont Hemp Rules).

Delta 8 THC may be legal or illegal under federal law in the future, but how can we predict if it’ll become illegal?

The isomer is legal in several states, but the federal government still bans it. This is known as a “legal gray area” and is difficult to predict due to its multiple factors. The legal cannabis industry and Federal law allow isomers of delta 9 THC for industrial purposes (e.g., hemp research), which can be extrapolated into potentially legalizing isomers for recreational purposes.

Industrial isomer is also legal in some US states, even though marijuana is still illegal in those states (e.g., Alabama, Kentucky, Mississippi & Tennessee). Of course, this is possible since delta-9 THC is allowed in these states with a prescription, or they are exempt from the state’s isomer ban.

Delta 8 THC is in a bit of an unclear legal state, with it only recently becoming popular. The most important thing to know about delta 8 THC is that its legality varies by location — though the best sources believe that it’s legal in places where most other psychoactive cannabis extracts are banned.

One of the things people like about delta 8 THC is that it’s more calming and relaxing than the other type of cannabinoid, delta 9, which means it’s better for promoting sleep and alleviating stress. It also doesn’t cause anxiety-related side effects as often.

Early studies have also shown that delta 8 THC may improve appetite and reduce nausea or vomiting.

In the future, we may determine the legality of delta 8 THC more clearly with help from regulators like the DEA, FDA, TGA, Health Canada, and other governmental agencies.

The most likely impact of new laws is that delta 8 THC will be considered legal — but there may be more restrictions.

To sum it up, is delta 8 THC legal in the US? Yes, in most states but it’s still a grey zone so make sure to stay updated on current regulations in your states. The drug enforcement administration also called the DEA has been playing with its muscles too. The positive side is these regulations are trending towards becoming lighter regarding cannabis which would greatly benefit the hemp industry as a whole as more countries and individual states legalize these products.

Frequently Asked Questions

Share this article!

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email
More Articles
What is delta 8 THC?
Our products

Here's how it works

Frequently asked questions

Register now

FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE This product is not for use by or sale to persons under the age of 18. This product should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. A Doctor’s advice should be sought before using this and any supplemental dietary product. All trademarks and copyrights are property of their respective owners and are not affiliated with nor do they endorse this product. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease. Individual weight loss results will vary. By using this site, you agree to follow the Privacy Policy and all Terms & Conditions printed on this site. Void Where Prohibited by Law. US GOVERNMENT PATENT #6,630,507: “CANNABINOIDS AS ANTIOXIDANTS AND NEUROPROTECTANTS